HOUSE OF REPRESENTATIVES

H.B. NO.

1313

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATE FUEL TAX.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 243-4, Hawaii Revised Statutes, is amended to read as follows:

"243-4 License taxes. (a) Every distributor shall, in addition to any other taxes provided by law, pay a license tax to the department of taxation for each gallon of liquid fuel refined, manufactured, produced, or compounded by the distributor and sold or used by the distributor in the State or imported by the distributor, or acquired by the distributor from persons who are not licensed distributors, and sold or used by the distributor in the State. Any person who sells or uses any liquid fuel, knowing that the distributor from whom it was originally purchased has not paid and is not paying the tax thereon, shall pay [such] the tax as would have applied to [such] the sale or use by the distributor. The rates of tax imposed are as follows:

(1) For each gallon of diesel oil, 1 cent;

(2) For each gallon of gasoline or other aviation fuel sold for use in or used for airplanes, 1 cent;

(3) For each gallon of naphtha sold for use in a power-generating facility, 2 cents;

(4) For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the city and county of Honolulu, or sold in any county for ultimate use in the city and county of Honolulu[,]:

(A) The greater of:

(i) 16 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of liquid fuel; provided that if the tax based on the percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of liquid fuel sold to a retailer shall not be less than the monetary amount of tax paid per gallon of liquid fuel by the retailer to whom the wholesaler charges the highest price per gallon of liquid fuel; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "city and county of Honolulu fuel tax", as shall be levied pursuant to section 243-5;

(5) For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Hawaii, or sold in any county for ultimate use in the county of Hawaii[,]:

(A) The greater of:

(i) 16 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of liquid fuel; provided that if the tax based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of liquid fuel sold to a retailer shall not be less than the monetary amount of tax paid per gallon of liquid fuel by the retailer to whom the wholesaler charges the highest price per gallon of liquid fuel; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "county of Hawaii fuel tax", as shall be levied pursuant to section 243-5;

(6) For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Maui, or sold in any county for ultimate use in the county of Maui[,]:

(A) The greater of:

(i) 16 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of liquid fuel; provided that if the tax based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of liquid fuel sold to a retailer shall not be less than the monetary amount of tax paid per gallon of liquid fuel by the retailer to whom the wholesaler charges the highest price per gallon of liquid fuel; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "county of Maui fuel tax", as shall be levied pursuant to section 243-5; and

(7) For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Kauai, or sold in any county for ultimate use in the county of Kauai[,]:

(A) The greater of:

(i) 16 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of liquid fuel; provided that if the tax is based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of liquid fuel sold to a retailer shall not be less than the monetary amount of tax paid per gallon of liquid fuel by the retailer to whom the wholesaler charges the highest price per gallon of liquid fuel; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "county of Kauai fuel tax", as shall be levied pursuant to section 243-5.

If it is shown to the satisfaction of the department, based upon proper records and from any other evidence as the department may require, that liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), is used for agricultural equipment that does not operate upon the public highways of the State, the user thereof may obtain a refund of all taxes thereon imposed by this section in excess of 1 cent per gallon. The department shall adopt rules to administer [such] refunds.

(b) Every distributor of diesel oil, in addition to the tax required by subsection (a), shall pay a license tax to the department for each gallon of diesel oil sold or used by the distributor for operating a motor vehicle or motor vehicles upon public highways of the State. The rates of the additional tax imposed are as follows:

(1) For each gallon of diesel oil sold or used in the city and county of Honolulu, or sold in any other county for ultimate use in the city and county of Honolulu[,]:

(A) The greater of:

(i) 15 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of diesel oil; provided that if the tax based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of diesel oil sold to a retailer shall not be less than the monetary amount of tax paid per gallon of diesel oil by the retailer to whom the wholesaler charges the highest price per gallon of diesel oil; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "city and county of Honolulu fuel tax", as shall be levied pursuant to section 243-5;

(2) For each gallon of diesel oil sold or used in the county of Hawaii, or sold in any other county for ultimate use in the county of Hawaii[,]:

(A) The greater of:

(i) 15 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of diesel oil; provided that if the tax based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of diesel oil sold to a retailer shall not be less than the monetary amount of tax paid per gallon of diesel oil by the retailer to whom the wholesaler charges the highest price per gallon of diesel oil; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "county of Hawaii fuel tax", as shall be levied pursuant to section 243-5;

(3) For each gallon of diesel oil sold or used in the county of Maui, or sold in any other county for ultimate use in the county of Maui[,]

(A) The greater of:

(i) 15 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of diesel oil; provided that if the tax based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of diesel oil sold to a retailer shall not be less than the monetary amount of tax paid per gallon of diesel oil by the retailer to whom the wholesaler charges the highest price per gallon of diesel oil; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "county of Maui fuel tax", as shall be levied pursuant to section 243-5; and

(4) For each gallon of diesel oil sold or used in the county of Kauai, or sold in any other county for ultimate use in the county of Kauai[,]:

(A) The greater of:

(i) 15 cents state tax[,]; or

(ii) A tax of per cent of the wholesale price to the retailer per gallon of diesel oil; provided that if the tax based on a percentage of wholesale price is applied, the monetary amount of tax paid by a wholesaler on any gallon of diesel oil sold to a retailer shall not be less than the monetary amount of tax paid per gallon of diesel oil by the retailer to whom the wholesaler charges the highest price per gallon of diesel oil; and [in]

(B) In addition [thereto] to the amount specified in subparagraph (A), an amount, to be known as the "county of Kauai fuel tax", as shall be levied pursuant to section 243-5.

If any user of diesel oil furnishes a certificate, in a form that the department shall prescribe, to the distributor or if the distributor who uses diesel oil signs the certificate, certifying that the diesel oil is for use in operating a motor vehicle or motor vehicles in areas other than upon the public highways of the State, the tax as provided in paragraphs (1) to (4) shall not be applicable. If a certificate is not or cannot be furnished and the diesel oil is in fact for use for operating a motor vehicle or motor vehicles in areas other than upon public highways of the State, the user thereof may obtain a refund of all taxes thereon imposed by the foregoing paragraphs. The department shall adopt rules to administer the refunding of [such] those taxes.

(c) The tax shall not be collected in respect to any benzol, benzene, toluol, xylol, or alternative fuel sold for use other than for operating internal combustion engines. With respect to these products, other than alternative fuels, the department, by rule, shall provide for the reporting and payment of the tax and for the keeping of records in [such] a manner as to collect, for each gallon of each product sold for use in internal combustion engines for the generation of power, or so used, the same tax or taxes as apply to each gallon of diesel oil. With respect to alternative fuels, the only tax collected shall be that provided in paragraphs (1), (2), and (3) of this subsection. This subsection shall not apply to aviation fuel sold for use in or used for airplanes.

(1) Every distributor of any alternative fuel for operation of an internal combustion engine shall pay a license tax to the department of one-quarter of 1 cent for each gallon of alternative fuel sold or used by the distributor;

(2) Every distributor, in addition to the tax required under paragraph (1) of this subsection, shall pay a license tax to the department for each gallon of alternative fuel sold or used by the distributor for operating a motor vehicle or motor vehicles upon the public highways of the State at a rate proportional to that of the rates applicable to diesel oil in subsection (b), rounded to the nearest one-tenth of a cent, as follows:

(A) Ethanol, 0.145 times the rate for diesel;

(B) Methanol, 0.11 times the rate for diesel;

(C) Biodiesel, 0.25 times the rate for diesel;

(D) Liquefied petroleum gas, 0.33 times the rate for diesel; and

(E) For other alternative fuels, the rate shall be based on the energy content of the fuels as compared to diesel fuel, using a lower heating value of one hundred thirty thousand British thermal units per gallon as a standard for diesel, so that the tax rate, on an energy content basis, is equal to one-quarter the rate for diesel fuel.

The taxes so paid shall be paid into the state treasury and deposited in special funds or paid over in the same manner as provided in subsection (b) in respect of the tax on diesel oil;

(3) If any user of alternative fuel furnishes to the distributor a certificate, in a form that the department shall prescribe or if the distributor who uses alternative fuel signs the certificate, certifying that the alternative fuel is for use in operating a motor vehicle or motor vehicles in areas other than upon the public highways of the State, the tax as provided by paragraphs (1) and (2) of this subsection shall not be applicable; provided that no certificate shall be required if the alternative fuel is used for fuel and heating purposes in the home. If a certificate is not or cannot be furnished and the alternative fuel is in fact used for operating an internal combustion engine or operating a motor vehicle or motor vehicles in areas other than upon the public highways of the State, the user thereof may obtain a refund of all taxes thereon imposed by the foregoing paragraphs. The department shall adopt rules to administer the refunding of these taxes.

(d) No tax shall be collected in respect to any liquid fuel, including diesel oil and liquefied petroleum gas, shown to the satisfaction of the department to have been sold for use in and actually delivered to, or sold in, the county of Kalawao.

(e) For the purposes of this section, the term "wholesale price" means the amount a wholesaler of liquid fuel or diesel oil charges a retailer prior to the inclusion of any taxes."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

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Report Title:

State Fuel Tax

 

Description:

Changes the assessment of the state fuel tax from a specified cents per gallon to the greater of a specified cents per gallon or a specified percentage of the wholesale price per gallon to the retailer, subject to a minimum monetary amount of tax based upon the tax paid by certain retailers. Effective 7/1/2023.

 

 

 

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